Publications
Pennsylvania Superior Court provides clarification on medical malpractice expert testimony.
The plaintiff sued several medical providers, including a surgeon and his surgical practice.
Case Law Alerts, 3rd Quarter, July 202
The lead class plaintiff, especially in securities litigation context, should have a larger financial interest in the litigation and meet the requirements imposed under Fed. R. Civ. P. 23.
This securities class action lawsuit was filed under the Private Securities Litigation Reform Act (PSLRA) and alleged violations of the Securiti
Case Law Alerts, 3rd Quarter, July 202
Even where there is more than one contributing peril to a loss, coverage can be precluded if the policy expressly sets forth anti-concurrent language.
The Third District Court of Appeal has shed light on the power of anti-concurrent language within homeowners policies of insurance.
Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of intere
Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.
Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period
Case Law Alerts, 3rd Quarter, July 202
Insured’s misrepresentations in the policy application could void the policy ab initio.
It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic
Case Law Alerts, 3rd Quarter, July 202
Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.
The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity.
Case Law Alerts, 3rd Quarter, July 202
Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.
The plaintiff requested and received FMLA benefits.
Case Law Alerts, 3rd Quarter, July 202
New Jersey lacks general or specific jurisdiction over a foreign corporation even when the employee lives in New Jersey and works one day a week from her home office.
The defendant corporation was organized under the laws of New York and had its principal place of business in Staten Island.
Case Law Alerts, 3rd Quarter, July 202
Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.
After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit.
Case Law Alerts, 3rd Quarter, July 202
There is no bad faith when an insurer has a reasonable basis for denying coverage.
The U.S.
Case Law Alerts, 3rd Quarter, July 202